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Home My WebLink About04241947 ZPC Minuteso~ Q REGUI~R P~RrETZNG OF TkiE ZONING Fc PLANNING COPiFgI5SI0?1 T1iT~SP~AY,April 24,1..947 A regular meeting of the Zoning & Planning Commission was held Thursday, April 24,19x7, a.t 7:30 P?!,1, at wh~_ch meeting the follcwing members were present: H, E, Terr3r, Chairman Chas .ll.2~ehr 0, C . King P!irs . VY,E. Eberling, Secretary ~s1r. Terry declared a quert~Tn present and the trans.=action of business in order. New business ~r.P''.F',Badger,6311 Sewanee, was present, to pretest the location of an unattached build- ~~ ing in addition to a residence yvth a two story garage attached, erected by T:1r.Ghas.R. ~~ Olds, on a lot, 100 x 120 ft., on the southeast corner of University Boulevard and .~ Sewanee Street. P:1r. Badger stated that the unattached building was so located facing on Sewanee Street that it jutted out beyond the front off' his home which also faced on Sewanee. He said that his wife had asked PPr, Olds if he wouldn't put the building in line with their home and a~1r. Olds had said that he had a right to place it where it was and was n.ot inclined to change his plans. F1Ir, Badger said further that Pa1r.Olds had told ~Trs. Badger that the building was to be a double garage. ~2r.Badger said he had reported the matter to the City Hall and was told that the building was being erected in accordance .vith zoning regulations and that ,.1r. Olds was within his rights to so place the building. He further stated that he then called dPr.Terry,Chairman of the Zoning; ~ Planning Commission, who, with ~~+ir. O,C. King, me?-ibex of the Commission, had looked at the building in nuestion. ~r. Badger said thnt since that time rie had talked to ~'Ir. Olds' Garpentor Foreman ~xho to'.d him +hat the building was to be used for a warehouse anal office to store hardware and building material. ~r.Jolley,Building Inspector, for the City of ?Yest ?7niversity Place, was present at the meeting, and the mer!bprs of the Co_~nmissior discussed the matter with him. He stated that tax, Olds had TM~ade application fer a bu~lldinP; permit to include the extra building and that under the zoning crdina~.~ce, as hp interpreted it, Pdr. Olds was entitled to the building permit. However, Pv1r. Jo11e~r stated that P~1r. Obis told him that the extra building was to be ~.zsed for servants quarters and an extra garage for visitors in his hcmR, 'lir. Ba~?mer pointed out ,that he was riot so muchr.rotesting the building of the extra gara.~e building, but his main objection zvas to the pla~i.ng of the building on the lot so that it detracted from the front of ris home. The discussion bra: ?zht out, the fact that i•1r. Olds had completed his buildings on the lot in question, but had not as yet. a.nnl~:ed for an occupanrv Hermit. The members of the Commission P-r~ressed the opinion that if the matter I1ad been callod to their atten- tion at an earlier date, th.e Commission rni~;ht have been able to work oat some amicable solution to the problem, but that rznder the circurlstances, they felt that the r.^.atter should be referred to the City Attorney, Pair. John D. Kelley, for a decis~.on as to whether or not a violation of +,,he zor_ing ordinance existed. Upon motion by Pw1r.Chas.D.P.7ehr, seconded by A~r.Kini*, and unanimously carried, this matter was referred to the pity fittorney, and ~'~ir, Pviehr was requested by the Commission to outline the facts to the ~'lty ~ttorneV. ?I `~ r,4inuteG o A meeting held AT?ri ~ `?4,1.94?, oont~_nued. Al L,.Crvstal - A letter dated April 1.8,1947 .from A~`r. Al L.Crystal, addressed to the City Corzmissi on, pretesting action of the Zoning c~c Plarning Commission in denvr-r^• his petition for the re-zen.i.n~* for business purposes of the property en the 'test side of Kirbv Drive from },'lamb Street to Pe~:~bertan Driv®, and requesting a re-hearing, was read - said letter having been passed to +re Zoning ~ Plarming Commission by the City Commission by letter of +,ransmittal of J,t?.Bright, Ci.tz~ Secretary, under date of April ?3,1947. In discussion it was brought out that I~'ir.Crys~:~.l's original petition of January 24 vas scheduled for consideration at the regular meetint, of the .Zoning ~ Planning Commission on February 28. However, at the request of I~~Tr.Crystal's associate, '~r.Frank C. Fourmy, the hearing; was postponed. to the ~~arch 28 meeting of the Commission. This Commission received no f~ar±h.er request far postponement of a hearir.t^ on r~ir.Crystal's petition, nor were trelr advised +,hat r~Tr.Crystal. was still ill. His petition was presented :i.n the regular course of business at the meeting in l~Ba.rch, and after due. consideration, was denied, Reference is made to the minutes of that meeting far the specific motion covering this denial. TnSotion by rRr. Chas. D, ~'~?ehr, seaended by iv~r. King, that the rFqu~:st of Rir.Al L. Crystal dated April 1~?.1947 for a re-hearinE; on his petition of January 24,1947, for the re-zoning of property located on the '"rest side of Kirby' Drive between Plumb Street and Pemberton Drive, as commercial property, be and it is hereby denied. Voting: Aye - A1.1 does -None The Secretary was instr?~^te~? +,o notify the City Commissi ox? of the action taken by this body. Establishin^; lot lines (or set-bacy~ lines for co*~mercial property:- Letter dated P:Iarch 24,1947 from ~:4r. Jahn D.nelley,City Attorney, addressed to the City Counc~ 1, and transr:i tted to the Zanint; ~ Planning Commission, by :air. J.H. Bright, City Secretary, under date of r~+ia,roh 27, was•read. jdr.Bright's letter. quoted tre following, moti.nn passPa by the City Council in meeting• held I.iarch 27: "F:iotion by Commissioner Armer, seconded by Commissioner LanMan, that this op~nian of the City Attorney be passed on to the CAtzr Planrint~ F~-~ard, asking the Planning Brard for their recommen:aation with regard to the setback." motion by ~ir.Chas.D.~Fehr, seaended bsj O,C.King that the ~ oning ~c Planning Commission recommend to the City Council that lot liner (nr set-beak lines) far commercial proper±~• in 'rest 17niversi ty Place, be set at not lass than 3« feet .from the pro- perty line. ~atinp~: Aye -All Toes - Ner.P ~~~ Secr~=tary was instruo±ed to natif~T the Cit,, Commiss~c~n of the above recommenda- t~n. A,G,England - 300`7 Rice Blvd:- Verbal petition for construc~*:~on of a two story brick andFtle aara7e to adjoin his home, trc~ room over the garage to be used as an addi- tic~^e.l bedroom to his home. i!ir. England said that hire present garage does not join his house. He else stated that he had checked with his neighbors and they told him they had. na obieation +,o this constrl-~+~^n. ~~ h,4inutes of meeting held April 24,1947 continued Petition of A.C.England continued: l~r. Ring pointed cut that in the past the Commission had required an affidavit on two- story garages stating that they would not be used as garage apartments and~or rented as such. Mr. England said that he was perfectly agreeable to signing such an affi- davit because the room was to be ~zsed for the occupancy of his son. Mr. King then made the motion that T+~r. England be granted his permit under those conditions and restrictions, to build the two-story garage adjoining his present home. Iv~rs.Eberling seconded the motion, Voting: Aye - All Z~oes - l~done 1 [; dry Jolley, Building Inspector, was instructed to contact the City Attorney, Tdr.John D.Kelley, in cormection with the affidavit, be~'ore issuing permit to Mr.Ehgland. Old Business R.H.Schneider:- Petition of February 20 to divide Lot__l, Block 2.4, Vffest University, ~'lace~~ i~rst- Addition. The Corunission considered this petition at its regular meet- on February 27, but~~as the Conunission desired further information and Mr. Schneider was not present, action on the petition was deferred until the March meeting. Reference is made to the minutes of that meeting regarding thia pettonz. ~r.Schneider was not present at this meeting, therefore, motion was made by rsr. King, seconded and carried, fl~r.Schneider's petition was denied. There being no further business to come before the meeting, upon motion duly made, seconded, and carried, the meeting was adjourned. SECRI~~TARY C AIR<?~Rt